Zaire: Death penalty
Sergeant Eboka Makusa, Corporal Mozoi Ramazani: On 7 February 1997 a court martial in Kisangani sentenced the above men to death for murder. It is not known what appeals they have lodged against their sentence.
EXTERNAL AI Index: AFR 62/05/97
EXTRA 18/97 Death penalty 13 February 1997
ZAIRESergeant Eboka Makusa
Corporal Mozoi Ramazani
On 7 February 1997, a court martial (conseil de guerre) in the northern town
of Kisangani sentenced Sergeant Eboka Makusa and Corporal Mozoi Ramazani to
death for the murder of a woman shopkeeper at her home. The two have admitted
breaking into the woman's home and stealing US$1,600. They were given 24 hours
to appeal against the sentence. It is not known whether or not appeals were
lodged on their behalf or if the appeal process has been completed.
Amnesty International recognizes the responsibility of governments to bring
the perpetrators of violent crime to justice, but opposes the use of the death
penalty in all cases as a violation of the right to life.
BACKGROUND INFORMATION
Fighting in eastern Zaire since October 1996, and the subsequent takeover of
parts of Zairian territory by the armed group Alliance des forces démocratiques
pour la libération du Congo-Zaire (AFDL), has served to heighten tensions in
much of the country. Thousands of soldiers fleeing from advancing AFDL
combatants have carried out human rights violations, including extrajudicial
executions, rape, torture and looting. In late October 1996 dozens of arrests
of civilians and soldiers accused of being accomplices of the AFDL took place.
Many of those arrested are believed to be still detained in the capital,
Kinshasa, and Kisangani.
In early January 1997 the new Minister of Defence, General Likulia Bolongo,
announced that the army would carry out a counter-offensive which would spare
no Zairian or foreign national supporting the AFDL. He also announced that
the armed forces must rid themselves of criminals, runaways, pillagers and
vagabonds who must be punished by court-martials in a severe and spectacular
manner. At least 20 officers of the armed forces accused of unspecified criminal
activities are reported to be in custody awaiting trial. (See EXTRA 08/97,
AFR 62/01/97, 22 January 1997.)
RECOMMENDED ACTION: Please send telegrams/faxes/express/airmail letters in
French or your own language:
- expressing concern at the death sentences imposed by a court-martial in
Kisangani on Sergeant Eboka Makusa and Corporal Mozoi Ramazani;
- urging that the soldiers be given adequate opportunity to exercise their
right to appeal to an independent and impartial higher appeal court;
- acknowledging the seriousness of the crime of which they are accused, but
explaining Amnesty International's unconditional opposition to the death
penalty in all cases and urging that the death sentences, if confirmed by an
appeal court, be commuted to a more humane punishment;
- seeking assurances that any other defendants convicted in future trials will
not be sentenced to death or executed.
APPEALS TO:
Prime Minister
Monsieur Léon KENGO WA DONDO
Premier Ministre
Hôtel du Conseil exécutif
2
Kinshasa-Gombe
République du Zaïre
Telegrams: Premier Ministre, Kinshasa, Zaire
Faxes: +243 88 42062
Salutation: Monsieur le Premier Ministre / Dear Prime Minister
Minister of Defence
Général LIKULIA Bolongo
Ministre de la Défense nationale
et des anciens combattants
Ministère de la Défense
BP 4734, Kinshasa-Gombe
République du Zaïre
Telegrams: Ministre Defense, Kinshasa, Zaire
Salutation: Monsieur le Ministre / Dear Minister
Military Procurator General
Colonel ABONGO a Mandjeku
Auditeur Général des Forces Armées Zaïroises
Auditorat des FAZ
Ministère de la Défense nationale
BP 4734, Kinshasa-Ngaliema
République du Zaïre
Telegrams: Auditeur General FAZ, Kinshasa, Zaire
Salutation: Monsieur l'Auditeur Général / Dear Military Procurator General
COPIES TO:
Monsieur THIBWABWA Ashila Pashi
Ministre de la Justice
des réformes institutionnelles
et Garde des Sceaux
Ministère de la Justice
BP 3137
Kinshasa-Gombe
République du Zaïre
Général MAHELE Lieko Bokungu
Chef d'Etat-major général des
Forces armées zairoises (FAZ)
Ministère de la Défense nationale
Kinshasa-Ngaliema
République du Zaïre
and to diplomatic representatives of Zaire accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 13 March 1997.